> Ok briefly, my son (16) and my daughter (15) have both decided they
> would prefer to live in the US with myself and my USC husband. I'm a
> 10yr greencard holder and have been in the US for 4 1/2 years. The
> situation at 'home' in the UK has become unlivable for them as their
> father is in the submarine service and away for long periods of time
> and his now live in girlfriend wont have either of them living there
> while hes away. My son finished school in July and was looking for
> work (hes dyslexic so didnt want to go to college), my daughter is a
> weekly boarder in year 10 (she goes to friends homes on weekends when
> her father is away).
> My son has a return ticket booked for Febuary and daughter for 7th
> January but neither of them want to return.
>
> Which would be the quickest way to file for them ? and is there
> anyway they can stay with me here in the US while a visa is
> processed ?
>
>
> Jan
Quickest way is probably for your husband to file for them -- that way
they will be processed as immediate relatives of a USC and won't be
subject to the preference categories and associated yearly quotas.
(From instructions in form I-130: "Stepparent/stepchild: If your
petition is based on a stepparent-stepchild relationship, you must file
your petition with a copy of the marriage certificate of the stepparent
to the child's natural parent showing that the marriage occured before
the child's 18th birthday, and copies of documents showing that any
prior marriages were legally terminated.")
Talk to a lawyer about filing I-130 and I-485 for them while they are
here. They may be able to just stay here while the paperwork is
processed -- I believe all immediate relatives of USCs are eligible to
adjust status from VWP. But you should discuss the details with an
immigration lawyer to make sure nothing will come back to bite you in
the behind.
--
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